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Ordinance No. 8,89220000427 -3 ORDINANCE NO. 8892 ® AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH TEXAS SOUNDS TO PROVIDE PROFESSIONAL ENTERTAINMENT AT THE 2000 FOURTH OF JULY CELEBRATION; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTEEN THOUSAND AND NO /100 DOLLARS ($13,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager and the City Clerk of the City of Baytown to execute and attest to a contract with Texas Sounds to provide professional entertainment at the 2000 Fourth of July celebration. A copy of said contract is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to Texas Sounds to provide professional entertainment at the 2000 Fourth of July celebration of the sum of THIRTEEN THOUSAND AND NO 1100 DOLLARS ($13,000.00), pursuant to the contract. Section 3: That pursuant to the provisions of Texas Local Government Code Annotated § 252.048, the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of TWENTY -FIVE THOUSAND AND NO /100 DOLLARS ($25,000.00) or less, subject to the provision that the original contract price may not be increased by more than twenty -five percent (25 %) or decreased by more than twenty -five percent (25 %) without the consent of the contractor to such decrease. Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 27`x' day of April, 2000. ATTE GARf W. MITH, City Clerk APPROVED AS TO FORM: ACID RAMIREZ, SR., ty Attorney c:\MyDocuments \Counc i 1 \99 -00\. April \July4EntertainmentContract. doc /f1 a' ty. PETE C. ALFAR , Mayor Owners Mike 8 Shan: 2317 Ran SL P.O. Boa 1644 -- Dickinson. Tc 77539 Phone (281) 337 -2473 Fu (281) 534 -1127 E-mail msomds *cocas ands.com �( -ld '7-1!) THIS CONTRACT for lie personal services of musicians on the engagement described below Is made this 24th day of Feb . 19-0 0 between the undersigned purchaser of music or services (herein called purchaser) and the undersigned musician or musician;. 1. Name and address of Place of Engagement R i C'P n t e n i a 1 Park -- T ee Dr. Davtown Tx — - - NameofBandorGroup ^Trx TOPVTN't; — 2 Date (s) of Engagement Tuesday, July 4 2000 Shawtimes: 1-60 to 75 minute show at approx. 7:00 PM 3. Type of Engagement 4 4. Comp -sdon Agreed Upo- lease note that rider contract. 5. Purchaser will Make payments as follows 50% d e no G i t (1 , 500 - n 0 1 n i l P by --w n e 2nd payable to Texas Sounds: balance of $6,500.00 payable in 'rash nrinr hn shnw to Arhiat',1RPp Rirk Trnhrina Inc. FIDN74- 2683(14(1 c 6. No performance on the engagemerd shalt be recorded, re- produced ortransrnitted from the place of per6amarxe, In arty manner or by any means whatsoever in the absence of a speck written agreement with Artist 7. This contract and the terms and corw2bom contained herein, may be exdoroed by purchaser, and its agents, and by each musician who is a party to this contract or whose name appears on the corm= or who has.ln tact performed the engagement contracted for (herein caged -participating muscian(s)7 and by the age M or agents of each participating musician 8. Purchaser aciaxwfedges and agrees that in executing Cris Ag eernent. TEXAS SOUNDS is acting coley as the agertl of the ARTIST(SL that TEXAS SOUNDS is not a party to this Agreement, and that TEXAS SOUNDS shall have no kabTrty to Purchaser in the event of arry breach of this Agreement 9- ARTIST(S) agree to pay TEXAS SOUNDS a commisssion amourrtamg to —..0 —% of gross pay. This amain is it be S on the job hereby described above_ 10. Resolutiores of cawnversies or claim= This Agreement shall be cormtrued under the Laws of the State of Teas and n the event of any dispute therein, the dispute may be submitted to the Courts of General Jurisdiction in the State of Tetras Attorney's fees and costs shall be awarded to the prevailing party. (See Pc e= SUe ra orw Tams ad mat IN WITNESS WHEREOF. the parties h set their narikts and on the day and year writlerm above- Trpv MikP Sandhera OwnerlAont r /Agent a.CLress: _ (, o Box 4:1-4 _ Addry. P 0 Box 1644 i3aytown tx. 77522 Dickinson Tx. 77539 relcphone: 281 -420 -6957 Telephone:281- 337 -2473 Booking Agent TD(AS SOUNDS 281-534-1127/FAX, Address to which official Communications shall be sent 10 signatory Musician This Agreement does not conclusively determine the person liable to reportand pay employmenttaxes and similar employer levies under he rulings of the US. Internal Revenue Service and some state agencies. wwiE - eURCKkS3i 1aLDw - ARMT 51 . Prac - 1GFNr F�T& -=S EKDCOF�rgs- ,m-Tx EXHIBIT A This rider attached hereto and made par_ of the contract dated a T' by and etween Rick Trevi o, Inc. f/s/o Rick Trevino (herein ter referred to as "Producer" / "Artist ") and O 40 > hereinafter referred to as "Purchaser ") for the en agement on _�, ,� o v Purchaser understands that the items regt.est.ed below are necessary so that Artist can provide the best show for Purchaser. If Purchaser has Ley questions, or for some reason cannot provide any of the following items, l-:e should contact Artist Manager or Artist Booking Agency immediately: MANAGEMENT Dan Goodman M_.1nagement Dan Goodman P.O. Box 120571 Nashville, TN 3 %212 Ph. (615).661 -9G90 Fax (615) 370 -1100 RECORD COMPANY Sony - Nashville Ted Wagner Ph. (615) 742 4:.21 Fax (615) 742 -5759 TOUR I TANAGER Milton'/alters Ph. (511) 251 -1308 Fax (5 12) 252 -7102 Pgr. (883) 767 -2702 ___ . __BCKOKI?1G AGENT Texas Sounds Ent;!rtainment 2317 Pecan ST P O Box 1644 Dickinson, Tx. 7759 281.337.2473/281.5 341127: FAX. PUBLICIST. Front Page Media Kathy Allmand / Lame Miller Ph. (615) 591 -2442 Fay (615) 591 -2661 PRODUCTION MGR. Paul Hunt Hm. (210) 696 -7778 Off. (210) 661 -9700 Failure to contact above individuals wi-.hin seven (7) days after receipt shall constitute Purchaser's acceptance of all conditions set forth in thi ;.rider. Upon reading'e�.ch page, Purchaser is tc initial said page at the bottom; Purchaser's initials indicates understanding and compliance with recuirements stated. Failure to provide initial will constitute Purchaser's acceptance of all conditions sc t forth on said page. 1. PAYMENT Artist or his representative will be pair in cash, certified or cashier's check made payable to RICK TREVINO, INC. on demand on day of p:rformance and prior to show. Purchaser's representative must be present and available from Artist's arri\ a] through completion of show. Artist shall receive 100% Sole Star Bi11ng in any and all publicity releases and paid advertisements, including but not limited to programs, Tiers, signs, lobby boards and marquees. No other name or photograph shall appear in type with re:,pect to size, thickness, boldness and prominence of the type accorded Artist and no other name or photograph shall appear on the same line or above the name of Artst. Artist shall be biited as: RICK TREVINO A. Purchaser shall only use photographs supplied by Artist. B. There shall be no signs, placards, banners or any advertising material on or within fifty (50') feet of the stage, nor shall the name Rick Trevino be used or associated directly or indirectly be�coj ® with any produc. or service without Artist's written consent. Mc _C� vide C. There shall Ee no radio station or any other party presenting, promoting, co-promoting or .,\\ sponsoring above engagement without Aj-dst's written consent. X��ber� 4. APPROVAL. OF OTHER ACTS A. Artist shall have the right to approve any other acts on the program and shall close the show unless otherwise agreed upon in the contract. B. Purchaser agrees Artist's staging and equipment set -up overrides opening act's staging and �� equipment set -u:). _ C. Artist shall have the right to approve tine length of the performance of other acts on the show. ,l- D. Purchaser shall inform Artist of any special effects to be employed by support acts on the show and Artist shall have final approval of their use. 60 E. It is hereby rNuested that a representative from opening acts meet with Artist or his m representative,at stage call. 5. MERCHATTDISING The Purchaser will provide a well lit secure place to sell Artist's merchandise. This shall be in such a position as to b-- easily visible to the public using the main entrance. This is to beat no cost to the Producer. Purchaser agrees that its arrangement for presenting the engagement providdd for herein shall prohibit the sale of souvenir or similar merchandise on the premises in connection wigs this engagement other than Artist's official merchandise furnished by Artist. The Purchaser and/or venue cannot sell or manufacture any items with RICK TREVINO's logo or any facsimile, name or likeness without prior written permission from artist or his authorized representative. Autograph signing (time and place) totally at the discretion of Artist. A. Purchaser agrees to supply at his own expense, the sound and lighting companies to meet Artist's requirements herein (See Schedule "A" attached to rider). B. Spotlight operators shall meet with Artist or his representative at the time of sound check. �•��T �► s��S�IiI ' _ u �5�►y Purchaser shall supply at his own expense an elevated stage at least two feet (2') in height indoors or four feet (4') outdoors, with sound wings and specified stage risers (See Schedule "A ") 8. STAGE CALL. SET -UP AND SOUND CHECK: ":�A. Purchaser agrees to a mandatory sound check to be completed prior to opening doors and admitting ticket holders. � (��B. Stage call shall beset for not less than four (4) hours prior to opening venue doors and adinitting ticket holders. C. Artist's representative shall have absolute control over management and access to stage. D. All equipment and instruments being supplied by Purchaser must be at stage area at stage call. E. Purchaser shall supply four (4) stagehands from stage call until load -out is completed. CF. Artist will have access to stage for sound check rehearsal not less than two (2) hours prior to house opening.. G. Purchaser agrees to keep the place of performance clear of all people not directly involved in show's production. y H. When Artist s performing in a night cub, the stage and the stage area MUST be clear of any equipment other than sound company at tine of load in. I. Opening band must NOT move any equipment or change any monitor mix in anyway without ® approval of Artist's representative. J. Doors must 140T be opened without approval of Artist's representative. Purchaser agrees to furnish his personal representative, capable of making any decisionVpenaining to the Artist's engagement from the time of arrival of the production equipment including any outside staging material through the time of its departu-re. Purchaser's representative will remain in the immediate backstage area and must be in constant cc.ntact with the Artist's representative. ANY SALARY OR FEE FOR SAID REFRESENTATIVE SHALL. BE THE SOLE RESPONSIBILITY OF PURCHASER AND SHALL NOT B3 A SHOW EXPENSE. Purchaser shall provide parking space immediately adjacent to stage door for one (1) forty -five foot (45') bus"and equipment truck. Shore power will also be made available to Artist's bus. Ru r-o-vide disere6en for rACCa i ornnnr{ tt'an CT1 (1 TfAitn 1 dtitl -- - r ^rv'.� -,-,n dTCietG2- eZL�IUIY'Y1tJQC�t -LI r"C7I t$ 1 U d in the _ r w it l furnish all , 11. SECURITY: amt � �Wo pebce ot�Ficecs too ende'�veF t� A. Purchaser shall d mes-te insure the safety of Artist's personnel, instruments, personal property, vehicles, etc. from stage call until completion of load -out. A J B. Security will secure backstage entrances, backstage area and stage area. C. Artist's road manager will supply backstage passes when applicable. D. All backstage access and security shall be cleared and supervised by Artist's road manager. s E. If Artist chooses to sign autographs, Purchaser to-provide two (2) security personnel and 'T dequat.e set -up for signing. This area she uld be immediately accessible from backstage area SOU,✓; -fG without passing through the audience. Ar, ry Wv 12. DRESSING! ROOMS �S CA. Purchaser sFall provide two (2) clean dressing rooms for Artist and band at stage call with chairs, adequate lighting and mirror. V B. Twelve (12) clean towels in each dressing room. C. Artist will n )t be required to share these dressing rooms with any other acts. D. Purchaser shall supply to Artist's road manager keys to dressing rooms, upon arrival. 13. FOOD & B EVERAOES A.. Hot meals for Twelve (12) are required upon completion of scheduled sound check. B. Band dressing room must be stocked with the following one (1) hour before show timer One (1) Deli tray (sandwich style) One (1) 12 pack Coke One (1) 12 pack Dr. Pepper �f One (1) 12 pack Diet Coke w One -(� Yaek- C- eot�- LighlrBe� —�' �, 3 One (1) quart of orange juice Coffee wih the appropriate condiments and real cream Twenty-four (24) one liter bottles of non - carbonated water (Evian, etc.) ® Twelve (12) Towels Twenty (20) 16 oz. beverage cups, plastic knives, forks, napkins, etc. Twenty (20) lbs. of ice in a separate container. C. Artist dressing room must be stocked with the following one (1) hour before show tune: Six (6) one liter bottles of non - carbonated water (Evian, etc.) Cups & Ice 0;(/ � One (1) Deli tray (sandwich style) D. In the case whereby only one (1) dressing room is available, both band and Artist's above mentioned ms shall be stccked in that dressing room. A. 'Purchaser agrees not to commit Artist to any personal appearances, interviews or other promotions without prior consent of Artist. Such requests should be referred to Wortman Works at (615) caS�t� 259- 0035,'attn: Jul s �ri and shau ma1<e an dnr'c�t rwyert r�ue5litx, M record' �!q , bra B . Purchaser shall t re- b�i�ng, br adcasting, filming or videotaping of any or videcq, P tq of performance without written consent of Artist.' should be made to Dan Goodman - of if-e � Management, P.O. Box 120571, Nashville, TN 37212. Per Ft�,rrraY-P- r.. 15. GUESTS Both the Artist and the Purchaser shall be permitted twenty -five (25) complimentary Pickets to Artist's performance of the best seats in the house. Artist shall make available any unused tickets to the Purchaser for the purposes of selling to the public no later than fifteen (15) minutes prior to Artist's performance. Purchaser will supply the Tour Manager Artist's tickets on demand on the day of the show. 16. TJCKETS, TICKET COUNT. ETC. It is hereby agreed that if there is any increase from the stated ticket price and/or capacity as is printed on the face of the Ccritmct, Artist will receive one hundred percent (100 %) of any additional income generated by the increase ir ticket price and/or capacity without prior written approval from Artist's representative. A. Tickets sold in sections where view is limited shall be marked limited view on ticket_ B. With respect to counterfeit tickets, Purchaser is liable for any and all counterfeit tickets and Artist shall assume no financial loss on the aforementioned. C. Purchaser sh;J] retain all ticket stubs and unsold tickets for a period of ninety (90) days from \\' date of performance, during which time the Artist has the right to inspect the books and records of the Purchaser with respect to percentage payments. D. Purchaser agrees that advance tickets, when sold at a different price from general admission, will be taken off sale the day of the performance, making tickets available only at the box office for the general admission price. E. All unsold advance tickets must be available for verification and counting by Artist's representative at least six (6) hours prior to contact performance hereunder. All other unsold tickets must be available for verification and counting at least four (4) hours prior to contract performance time mentioned hereunder. F. Artist shall b-- compensated in cash or cashier's check immediately prior to performance for the difference between the number of unsold tickets on hand and the number of tickets printed as shown by the ticket manifest • ✓ 4 labor difficulties, epidemics and any act or order of any public authority or any cause, similar or dissimilar, beyond Artist's control. 40 Provided Artist is ready, willing and able to perform, Purchaser agrees to compensate Artist in accordance with the terms hereof regardless of Act of God, fire, accident, riot , strike or any events of any kind or character whatsazver, whether similar or dissimilar to the foregoing events which would prevent or interfere with the presentation of the show hereunder. 1 ul MIT •.1 Notwithstanding anything contained herein, inclement weather shall not be deemed to be a force majeure occurrence and the Purchaser shall remain liable for payment-of the full contract price even if the performance(s) called for herein are prevented by such weatheC_conditions. Artist shall have the sole right to determine in good faith whether any such weather conditions shall render the performance(s) impossible, hazardous or unsafe. RIKS-10-725—r-Me 10120 Artist shall have the sole and exclusive control over the production, presentation and performance of the entertainment uni_ in connection with the engagement, including but not limited to, the details, means and methods of the p;:rformance of the entertainment unit and each member thereof, and the persons to be employed by Artist in performing the provisions hereof on Artist's part to be performed. Artist shall have the sole right, as Artist.may see fit, to designate and change the performing personnel other than artist. It is specifically understood and agreed that a representative of the Artist shall have sole and absolute authority in directing personnel operating all lighting and sound equipment during rehearsal and each performance scheduled herein. ;_ •• •� • • =01,4191315 No portion of the performance rendered hereunder may be broadcast, photographed, recorded, filmed, taped or embodied in any form for any purpose or reproducing such performance without Artist's prior written consent. Purchaser will deny entrance to any persons carrying audio or video recording devices without limiting in any way the generality of the foregoing prohibition, it is understood to include members of the audience, press and Purchaser's staff. In the event that the Purchaser, his agents, servants, employees, contractors, etc., reproduce or cause to be reproduced the Artist's performance in the form of films, tapes, or any other means of audio or video reproductions, upon demand by Artist, Purchaser shall deliver all of the same (together with any and all masters, negatives and other means of reproductions thereof) to Artist at Purchaser's sole cost and expense, in addid,)n to all other legal or equitable remedies which Artist may have. �5 �t . 25. PURCHASER ASSUMES LIABILITY 'V � � t10E � l vu IG1 MV I� , � �\ lxcep��er�in sEally pr�, Purchaser hereby assumes full liability and responsibility for the payment of any and all cost, expenses, charges, claims, losses, liabilities, and damages related to or based upon the presentation or production of the show or shows in which Artist is to appear hereunder. • YOMM"S106 11 All forms of sponsorship, whether part of an ongoing series or specifically for Artist's show, must be authorized by Producer. , 27. FAILURE TO FULFU L 4BLIGAM?NTS 1 • 6 r • NIA rl` - -! —• -' - -y MAMMON= A. In the event Artist is on a percentage basis, Purchaser agrees to furnish to the Artist's agent at least two (2) weeks prior to performance a full house seating plan and stage to scale and printer's manifest of the house (notarized, signed statement from the printer of tickets, listing amount of tickets printed at each price). No additions or deletions of monies shall be made than stated city taxes. B. All tickets shall be printed by a bonded ticket agency: Le. Globe Tickets, Arcus Simplex, Ticketron. C. Purchaser may not sell tickets to performance hereunder as a part of a series of other concerts without prior written consent of Artist's agent. D. All tickets shall be of the one price, one stub variety. Tickets -with more than one price printed on them will not be accepted: i.e. students one price and general admission a different price, .printed on the same ticket. E. Artist's representative will have the right to be present in box office at all tunes. Final payment 1` shall be accompanied by a box office statement signed by the Purchaser. F. Purchaser shall not close box office without giving notification of Artist's representative. G. Purchaser ag:-ees to distribute no more than one percent (1%) of the official house seating capacity as complimentary tickets relative to the performance hereunder, with one hundred complimentary tickets being the maximum allowed. Purchaser shall supply Artist's representative with a statement detailing to whom each complimentary ticket was issued. All complimentary tickets shall be issued only as a fully punched ticket H. In the event of a second show, no tickets will be placed on sale for performance until the first 1Qw is eighty p,:rcent (80%) sold out. °� PURCHASER'S NOTE: If Purchaser shall violate any of the preceding that Purchaser has sold all tickets and g scaled and shall fin mpensate Artist in full. 18. H F W T S M't`� This agreement shall be deemed made and entered into in the State of and shall be governed by all of the laws of such State applicable to agreements wholly to be performed therein. other (100) ,s be deemed. t price for which the house is �;�Ou• r• Purchaser shall advise William Morris Agency, Inc. upon signing contract if unable to comply with any condition or requirement set forth in this rider. Upon Artist's arrival, if any term and requirement has not been complied with by Purchaser, the Artist shall have the right to refuse to perform. and be entitled to full compensation under this agreement. Artist shall have the right to cancel this engagement hereunder Et � event that there has been secured for Artist a commitment for a motion picture, television series, televis Q special", major television network guest appearance, "Nevada-type" engagement, "location en a g Pec J g PPS YPe g g or a legitimate stage production which would interfere or conflict with the engagement. aF C 20. CANCELL NTION Purchaser agrees that Artist may cancel the engagement hereunder, at Aritst's sole discretion, by giv Purchaser notic° thereof at least thirty (30) days prior to the commencement date of the engagerr hereunder. o'o 21. FORCE MfJEURE <c� �` °� Artist's obligation to furnish the entertainment unit referred to herein''is subject to to deten'� prevention by sickness, inability to perform, accident, means of transportation, Act of God, riots, 5 r o labor difficulties, epidemics and any act or order of any public authority or any cause, similar or dissimilar, beyond Artist''(§§ c ntro1. Provided Artist is ready, willA. and able to perform, Purchaser agrees to compensate Artist in accordance with the terms h reof regardless of Act of God; fire, accident, not , strike or any events of any kind or character whatsoever, whether similar or dissimilar to the foregoing events which would prevent or interfere with the presentation of the show hereunder. ` ,1' 22. INCLEMENT WEATHER t 85 ►� u�* R° a feaokjo U. .Notwithstanding anything contained herein, inclement weather shall not be deemed to be a foAce majeure occurrence and the Purchaser shall remain liable for payment of the full contract price 6ven if the performance(s) called for herein are prevented by such weather conditions. Artist shall have the sole right to determine in good faith whether any such weather conditions shall render the performance(s) impossible, hazardous or unsafe. •��:• _ bill" I Artist shall have the sole and exclusive control over the production, presentation and performance of the entertainment unit in connection with the engagement, including but not limited to, the details, means and methods of the performance of the entertainment unit and each member thereof, and the persons to be employed by Artist in performing the provisions hereof on Artist's part to be performed. Artist shall have the sole right, as Artist may see 5t, to designate and change the performing personnel other than artist. It is specifically understood and agreed that a representative of the Artist shall have sole and absolute authority in directing personnel operating all lighting and sound equipment during rehearsal and each performance scheduled herein. MMOTAND, M1104 No portion of the performance rendered hereunder may be broadcast, photographed, recorded, filmed, taped or embodied in any form for any purpose or reproducing such performance without Artist's prior written consent. Purchaser will deny entrance to any persons carrying audio or video recording devices without limiting in any way the generality of the foregoing prohibition, it is understood to include members of the audience, press and Purchaser's staff. In the event that the Purchaser, his agents, servants, employees, contractors, etc., reproduce or cause to be reproduced the Artist's performance in the form of films, tapes, or any other means of audio or video reproductions, upon demand by Artist, Purchaser shall deliver all of the same (together with any and all masters, negatives and other means of reproductions thereof) to Artist at Purchaser's sole cost and expense, in additon to all other legal or equitable remedies which Artist may have. _ • = rr Except as otherwise herein specifically provided, Purchaser hereby assumes full liability and responsibility for the payment of any and all cost, expenses, charges, claims, losses, liabilities, and damages related to or based upon thy° presentation or production of the show or shows in which Artist is to � pear hereunder. 26. 5PONSORS fflE All forms of sponsorship, whether part of an ongoing series or specifically for Artist's show, must be authorized by Producer., r :_� �:_ •a .. �_ we] 0. :r•y 0 6 Each one of the terms and conditions of this contract is of the essence of this agreement and necessary for Artist's full performance hereunder. In the event Purchaser refuses or neglects to provide any of the items herein stated, and/or fails to make any of the payments as provided herein, Artist shall have the right to refuse to perform this contract, shall retain any amounts theretofore paid to Artist by Purchaser, and Purchaser shall remain liable to Artist for the agreed price herein set forth. In addition, if, on or before the date of any scheduled concert, Purchaser has failed, neglected, or refused to perform any contract with any other performer for any earlier engagement, or if the financial standing or credit of Purchaser has been impaired or is in Artist's opinion unsatisfactory, Artist shall have the right to demand the payment of the guaranteed compensation forthwith, Artist shall have the right to cancel this engagement by notices to Purchaser to that effect, and in such event Artist shall retain any amount theretofore paid to Artist by Purchaser. 28. MODIFICATION OF CONTRACT _ It is understood and agreed that the contract may not be changed, modified, r altered, except by an instrument in wrritin , signed in accordance with the law of the State of Te�zl� This contract may not g g be assigned, or changed, modified, or altered except by an instrument in writing signed by the parties. Nothing in this agreement shall require the performance of any act contrary to the law or to the rules or regulations of any union, guild, or similar body having jurisdiction over services of Artist or over the performances hereunder. Whenever there is any conflict between any provisions of this contract and any law, or any such rule or regulation of any such union, guild or similar body, such law, rule or regulation shall prevail, and this contract shall be modified to the extent necessary to eliminate such conflict. This is the sole and complete agreement between the parties with respect to the engagement_ Nothing in this contract shall be construed to constitute the parries as a partnership or joint venture, and Artist shall not be liable in whole or in part for any obligation that may be incurred by Purchaser in carrying out any of the provisions hereof, or otherwise. 2 II1I? M?~ZFICATION r (a) Purchase indemnify and hold harmless Artist and his employees, contract and/or agents from and against an s, costs (including attorney's fees and court co , expenses, damages, liabilities, losses or judgmen ing out of, or in connection with, an aim, demand or action made by. any third party, if such are so ed as a direct or indir consequence of the Engagement. (b) Purchaser shall also indemnify and hold harmless st a ployees, contractors and/or agents from and against any and all loss, damage and/o des cu cumng to its and /or its employees', contractors', or agents' instruments and equip nt at the plac the Engagement, including, but not limited to, damage, loss or destruction c sed Act of God. 30. TAXES Purchaser sha'.] pay and hold Artist harmless of to the engagement hereunder and the sums like. r31. from any and all taxes, f , dues and the like relating able to Artist shall be free of suck taxes, fees, dues and the If on or before the date any scheduled performance hereunder, the financial standi or credit of Promoter has been ' aired or is unsatisfactory, Artist shall have the right to demand paym t forthwith of the guaranze ompensation specified above, and if Promoter fails or refuses to make suc ayment forthwith, t shall then have the right to cancel this agreement. In the event of such cancellad Artist shall ha no further obligation to Promoter hereunder, and shall retain any monies theretofore p 'd to Antis y Pror-noter. 40 (1, 7 0� Purchaser agrees to provide comprehensive general liability insurance (including, without limi 'on, coverage to protect against any and all injury to persons or property as a consequence of the ' iallation and/or operation of the equipment and inswments provided by Artist and/or its empl s, contractors and agents). Such liability insurance shall be in the amount required by the ven ut in no event shall have a limit of less than One Million Dollars ($1,000,000.00) combined sin it for bodily injury and property damage. Such insurance shall be in full force and effect times Artist or any of Artist's agents or independent contractors are in place of performance st and its agent for the Engagement, William Morris Agency, Inc., shall be listed as additionally arced insureds under such insurance and this shall be indicated on the pertinent certificate of ' sur na ce. Purchaser also agrees to provide a policy of Workman's Compensation covering all of aser's employees or third -party contractors. Purchaser further agrees to provide full all-risks ' urance coverage for all- equipment and instruments provided by. Artist and/or its employees, co tors and agents against fire, vandalizing, theft, riot, or any other type of act or event causing or damage to, or loss of, the instruments and equipment so provided. Certificates of insur relating to the coverage listed above shall be furnished by Purchaser to Artist at least fourteen days prior to the Engagement. Artist's failure to request or review such insurance certifica s all not affect Artist's rights or Purchaser's obligations hereunder. The Purchaser warrants th has complete and adequate public liability insurance. This certificate must be produced to the I?roducer upon request. Paragraph headings are inserted in this Rider for convenience only and are not to be used in interpreting this Agreement. AGREED TO AND ACCEPTED: PURCHASER • 8 A4 CK TREVLNO, INC. Gbo Fiick T ino I.D. # 74- 2683040 Rick Trevino Technical Rider 1998 MAIN FRONT QF HOUSE SOUND SYSTEM: • A stereo 3 or 4 way sound system is required. • The system should provide 105 dB `A" weighted (spI) at mix position to ensure proper headroom. • It is necessary to have system crossover processing at the front of house mix position. • All speaker systems should be flown or elevated above the audience in order not to obstruct proper dispersion and audio quality. It should also cover all sold seating areas. • A 40 channel mixing console should be provided. Preferred consoles are Yamaha, Sound - craft, Crest or Gamble. _ • The FOH sound processing should consist of: * Two (2) 1/3 octave EQ units * Two (2) "minimum" Digital Reverb units. Preferred are Lexicon, Yamaha or Roland. * One (1) Digital Delay unit. Roland, Tc, or Yamaha are preferred units. * Ten (10) L-tsert Compressors along with * Six (6) insert Gates Note: Please be able to accommodate combination gale compressor inserts. * One (1) CD player. * A "Record Ready" cassette player - • Enough Mic stands, booms, DI's, cables, and adapters should be available to accommodate proper interface. • See attached Input List/Stage Plot for Mic I DI' compliment and details. Note: It is advised to contact artist FOH engineer prior to play date to acquire current changes, if any, to stage plot or input list. SOUND TECHNICIANS • There should be no less than two experienced sound technicians to assist at set -up, sound check and on call during show. • An experienced monitor engineer should be provided for the Artist's use during the sCt up, sound check and show. 1 MONITOR SYSTEM • Ten (10) bi -amp floor monitors are required on stage, each having either one (1) 15" speaker or two (2) 12" speakers for low frequencies and one (1) horn driver 1" or 2" in diameter for high frequencies. Note: This does not include system cue wedge. • The monitor desk should be (minimum) 32 channels and have at least eight (8) mix capabilities. Ramsa, Yamaha or Soundcrdit are recommended. • Eight 1/3 octave equalizers. Kiark Teknik, TC Electronics or Yamaha are preferred units. • One (1) sub cabinets with one (1) 18" or two (2) 15" speaker /s, crossed over at 100 cycles. (drum sub woofer / mix 8). See stage plot details. LIGHTING REQUIREMENTS • Front and rear lighting is required. • Front and rear trusses no less than 40 ft in length are required, with no less than 60 1,000 -watt instruments per truss. • Audience lighting is required. Either two (2) sets of Mole fay or at least eight (8) 1,000 -watt instruments are to be mounted on the front truss facing the audience, and be on a separate dimmer control. • e same locations at the front of house sound console and The lighting console should be at th must have communication to all spotlight and house light operators: • 9 • Two (2) folow spotlights. LIGHTING TECHNICIANS. • There should be a qualified lighting designer / operator to run lighting for the Rick Trevino show. • Two (2) lighting techs should be on hand to assist set -up focus and operation of system. • A "house lights" person to turn off / on house lights for the show start and end. POWER REQUIREMENTS • Sound & Lighting: • Power for the sound & lighting systems should be advanced with the service contractors, and should be separate and isolated. • Stage power: _ • Eight (3) 20 amp quad ac boxes (see stage plot) STAGING (concert) • Stage dimensions must be at least 40 feet wide, 30 feet deep, four (4) feet high, and free of cracks and anomalies. Not: this does not include sound wings or any other staging needs • One set of steps, stage right and stage left, with hand railing must be well lit & securely attached to the stage. A ramp up to the stage near the load in is necessary to accommodate a smooth load in / load out. • In a "headline" show, four (4) stage risers 8' z 8' are needed. The height of the drum riser is to be three feet (Y), the two instrument risers are to be two feet (2') and the center stage keyboard riser should be one (1'). All should be covered with carpeting and skirted with black material. All other shows should provide a drum riser as mentioned above. • Mixing console for the show should be centered in front of the FOH speaker arrays and no more than 80 feet from the stage. Riser for the mix position should be absolutely no higher than three feet (3") in height. • Mix platform should accommodate all consoles mentioned and allow enough room to work effectively. Contact sound & lighting contractors for details. OUTDOOR SHOWS All staging and platforms shall be constructed on firm, level ground with adequate footing to prevent stage from sinking. Same sta e dimensions above. A roof should be provided and completely cover the stage and monitor technician's position. The FOH mix position must have a roof as well. Plastic must be provided to cover all backline equipment in the event of inclement weather. This is "exclusive of all other needs. CREW CALL • WITHOUT EXCEPTION, at least four (4) stagehands are required for load in of backline equipment and again IMMEDIATELY following the performance. Please appoint a crew chief to Lppterface with artist's tour staff to accommodate a smooth load in and load out_ This "hand call" is exclusive of all other needs. • Sound and lighting companies should load in and and be ready prior to the scheduled arrival of the Rick Trevino crew. All time lines will be advanced will all parties concern ed. Note: Any changes to production requirements should be approved by artist production manager or arnst management. It is understood that in certain sintations (i.e. clubs or special events) this rider may need to allow tolerance, and that said, it is still "absolutely necessary" to have any and all changes approved by Rick Trevino staff. 10 n Rick Trevino Catering Rider 1998 FOOD & BEVERAGES • Hot meals for Twelve (12) are required upon completion of scheduled sound check. • The bus must be stocked with the following, at load -in. In the case of an indoor arena show, please stock the dressing room: * One (1) Deli tray (sandwich style) * One (1) 12 pack Coke * One (1) 12 pack Dr. Pepper �(/� —_ * One (1) 12 pack Diet Coke * One (1) quart of orange juice - * Coffee with the appropriate condiments and real cream * Twenty-four (24) one liter bottles of non - carbonated water (Evian, etc.) * Twelve (12) towels for stage * Twenty (20) 16 oz. beverage cups, plastic knives, forks, napkins, etc. * Tweny (20) lbs. of ice in a separate container. Artist dressing room must be stocked with the following one (1) hour before show time: • Six (6) one liter bottles of non - carbonated water (Evian, etc.) • Cups & Ice • One (1) Deli tray (sandwich style) • In the case whereby only one (1) dressing room is available, both band and Artist's food and beverage items listed above shall be stocked in that dressing room. 11 r5 14" snare 10" tom ® 12" tom 14" or 16" floor tom CYMBAL BRAND 1 ST CHOICE: Sabian 2ND CHOICE: Zildjian (� CYMBAL SIZES: wo (2) 18" crash cymbals �Il 1 "crash cymbal 20' de cymbal Pair " hi -hat cymbals MISCELLANEOUS: All n heavy duty stands and hardware Tama Cobra or DW 5000 kick pedal ._ Heavy du drum throne Alesis D4 o D5 & electronic trigger pad MISCELLANEOUS BAND E% Telecaster or S Eight (8) heavy V Quantity guitar Rick.Trevirlo frequency list 19 .8 IPMENT -atocast.er guitar string with medium gauge strings �uty guitar stands 8t idi cables of varying lengths RICK TREVINO (VOCALS & ACOUSTIC GUITAR) . Beyer Dynamic S700 UHF vocal transmitters: Channel 1: 766.000 Mhz Channel 2: 766.750 Mhz Shure UHF guitar system *: Channel l: 785.125 Mhz Channel 2: 792.250 Mhz * Selectable between 782.125 & 805.875 Mhz RODNEY PYEATT (LEAD GUITAR) Sampson VHF CT -3G guitar Transmitter Channel 1: 174.600 Mhz HAYDN VITERA (FIDDLE & GUITAR) Shure VHF SCI -TA Transmitter: Channel 1: 169.445 Mhz Channel 2: 170.245 Mhz Channel 3: 171.045 Mhz Channel 4: 171.845 Mhz TWO WAY COMMUNICATIONS: Motorola GP300 & P1225 handheld radios: Channel 1: 457.53750 Mhz Channel 2: 460.88750 Mhz Channel 3: 461.13750 Mhz Channel 4: 461.81250 Mhz Channel 5: 462.81250 Mhz Channel 6: 463.50000 Mhz Channel 7: 464.76250 Mhz ® Channel 8: 466.76250 Mhz 13 [v_ r(A 0 (30- _ o1= W (A z z o' "o CXX>01909 > o 0 n z m c r 0 0 m � x r, NNN N NNN N��JQ7(TAC.+N —O�O�V 0) Ln .� L, Nr V C,l� Stl !,) fl Z cnmo00 ; ;')zJCnNNCA -0 - 0>00:2mm0O-1;0mm n7• O C -vnrXXF,F)r-M XZZn� -4oa I =Mr XX>Zn �� ;a Or -'- >nmm 1 OOcn VI r- v),ZO)lr N;o .. 0>> { [�r>JrA m f o < nnpp I I �<O<OOCOCC�r Z Ox x N J r Aim =m000000000ncnLnoonn(AoLnncnm moo ------ <KK <--oomK <oK :m oo_nu,n CnLpVV oo (oLnLOocr> " OOp� m vv� v CD aICD �� •v •03 N nnnnn nn nn nnc) n z 00000 00 00 a» > Ln KKK: K: r, r- K: r -+ � mmm m m ; xiry O 0 y. 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